High Courts Archives | Page 47 of 589

‘Commitment to fair play requires that Rules be followed scrupulously’; Delhi HC stays decision by ETC and Apex Council of ‘Legends League Cricket’

‘Teams and players respond to challenges presented at different stages of a match by adapting themselves to the requirement at a particular time, based on the situation that reflects on the scoreboard.’

Case Briefs High Courts

Is mere possession of proceeds of crime enough to invoke PMLA? Madras HC answers

“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”

Case Briefs High Courts

Delhi High Court quashes FIR in 7-Year-Old Case of fraud, rape, and forgery after amicable settlement

The complainant, who is a foreign national, wishes to give complete quietus to all cases which are pending before the Courts in Delhi arising from the present FIR to live her life in peace in the USA.

Case Briefs High Courts

A spouse unable to maintain himself/herself is entitled to maintenance on the principle of equistatus; Calcutta High Court upholds maintenance to wife

The purpose of paying maintenance is mainly two folds, first to prevent vagrancy because of strained husband and wife relationships and to guarantee that the poor litigating spouse is not crippled as a result of a lack of funds to live a dignified life.

Case Briefs High Courts

Revenue Code fully applicable to areas added to municipal limits after July 7, 1949, previously governed by Z.A. Act before its repeal: Allahabad HC

“The provisions of the Revenue Code will apply to the whole of Uttar Pradesh, except: (i) Chapter VIII which deals with management of land and other properties of Gram Panchayat or other local authorities, and (ii) Chapter IX which deals with tenures.”

Case Briefs High Courts

‘Failed to establish negligence in handling of vehicle by driver’; P&H HC directed Insurance Company to pay Rs. 54, 650 to oil carrier company for damage caused to its oil tanker

Once the objections raised by the petitioner is taken into consideration by Permanent Lok Adalat (Public Utility Services), Jind and an equitable jurisdiction is exercised, such view cannot outrightly be said to be perverse, improper or based on misappropriation of law and facts.

Case Briefs High Courts

‘Supplying products with altered local content amounts to breach of contract’; Bombay HC upholds BPCL’s order banning dealings with Mukand Poly Products

Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.

Case Briefs High Courts

‘Every citizen has right to access temple and offer prayers’; Rajasthan High Court quashes FIR for alleged Trespass at Mahakaleshwar Mahadev Temple

“The fact that the petitioner belongs to a Scheduled Caste/Scheduled Tribe may have caused some discomfort among the Trustees, leading to the denial of access. Such conduct by the Trustees is unacceptable.”

Case Briefs High Courts

Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC

Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.

Case Briefs High Courts

Allahabad High Court affirms Central Administrative Tribunal as substitute for Civil Court in service disputes

“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”

Case Briefs High Courts

Allahabad High Court denies bail to SP Leader Moid Ahmad in Ayodhya Minor Gang rape case

Allahabad High Court permitted the Moid Ahmad to apply for bail afresh after the expiry of four weeks and after the recording of the testimony of the informant and the victim.

Case Briefs High Courts

Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court

The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs High Courts

Delhi High Court restrains Hyatt India from unauthorized public performance of copyrighted music at its hotels

The legal proceedings revolve around the defendants’ alleged unauthorized use of the plaintiff’s sound recordings at their hotels for commercial events, parties, and day-to-day business activities.

Case Briefs High Courts

‘Rendered unblemished service’: Punjab and Haryana HC sets aside order dismissing Muslim IAF officer from service for contracting second marriage

Since no protest was made by the petitioner’s former wife regarding petitioner’s second marriage, therefore, the same might have been a mitigating circumstance for the respondent to favourably exercise the empowerment vested in it regarding granting of ex-post sanction.

Case Briefs High Courts

Madras High Court dismisses plea on Samsung India Workers’ arrest after State confirms release

Madras High Court disposed of the habeas corpus petition after reviewing the State’s submissions, which indicated that the arrested individuals had been released on 08-10-2024, due to the Judicial Magistrate’s refusal to accept their remand.

Case Briefs High Courts

Rajasthan High Court grants stay on Injunction against Dharma Production’s movie “Jigra” release over Trademark Dispute

The Court is “prima facie convinced that the name of the movie in question would not infringe the trademark rights of the goods and services.”

Case Briefs High Courts

Contamination of Drinking Water | MP High Court orders Testing and Inspection of Drinking Water supply in Central Jail Jabalpur

The petitioner contended that the manner in which drinking water is stored for the Jail inmates, the water will get contaminated, and the inmates are probably not being supplied potable drinking water.

Case Briefs High Courts

Delhi High Court allows submission of encrypted DVDs and VCDs as evidence on record

Novex Communications Private Limited sued the operators of Social- Saket and Social- Hauz Khas for unauthorized use of copyrighted sound recordings, seeking to introduce video evidence of these infringements.

Case Briefs High Courts

‘No remorse or sympathy towards wife’s hardships’; Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case

If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.